What to Expect During a Criminal Trial

A Detailed Guide from Kitchin Law Firm & Criminal Defense Attorney John Kitchin

Being charged with a crime can turn your life upside down. For many people, a criminal trial is unfamiliar, intimidating, and overwhelming. If you are facing criminal charges in Kansas or Missouri, knowing what happens during a trial—and how your attorney protects you—can provide clarity during an uncertain time.

At Kitchin Law Firm, attorney John Kitchin represents individuals charged with misdemeanors and felonies throughout Kansas and Missouri. This guide explains each stage of the criminal trial process, your rights, and why experienced legal representation is critical to protecting your future.

Understanding the Purpose of a Criminal Trial

A criminal trial exists to determine whether the prosecution can prove its case beyond a reasonable doubt. This is the highest legal standard in the justice system. You are presumed innocent, and the burden is entirely on the government to prove guilt—not on you to prove innocence.

Your defense attorney’s role is to:

• Hold the prosecution to that burden
• Expose weaknesses, inconsistencies, or unlawful conduct
• Ensure your constitutional rights are protected at every step

1. Jury Selection (Voir Dire)

What Happens During Jury Selection?

The trial begins with jury selection, known as voir dire. A group of potential jurors is questioned by both the prosecution and the defense to determine whether they can be fair, unbiased, and capable of following the law.

Jurors may be dismissed for:

• Personal biases or strong opinions
• Prior experiences with law enforcement or similar cases
• Inability to remain impartial

Why Jury Selection Matters

Jury selection is one of the most strategic phases of a criminal trial. Attorney John Kitchin carefully evaluates jurors for attitudes or beliefs that could unfairly influence the verdict. Even subtle biases can have a significant impact on the outcome of your case.

Jury Trial vs. Bench Trial

In some cases, you may have the option to waive a jury trial and proceed with a bench trial, where a judge decides the case. Your attorney will explain the pros and cons of each option and help you make an informed decision.

2. Opening Statements

Setting the Tone of the Trial

Once the jury is selected, the trial formally begins with opening statements. These statements provide a roadmap of what each side believes the evidence will show.

• The prosecution goes first
• The defense follows

Opening statements are not evidence. Instead, they help jurors understand the context of the case and what to watch for as testimony and exhibits are presented.

The Defense Advantage

Attorney John Kitchin uses opening statements to:

• Introduce reasonable doubt early
• Explain weaknesses in the prosecution’s case
• Humanize the accused and provide context

3. Presentation of Evidence

This phase is the core of the criminal trial.

The Prosecution’s Case-in-Chief

Because the prosecution has the burden of proof, it must present its entire case first. This may include:

• Law enforcement testimony
• Civilian witnesses
• Surveillance footage or recordings
• Physical evidence
• Expert testimony (forensics, medical professionals, accident reconstruction, etc.)

Every piece of evidence must comply with strict legal rules. Evidence obtained unlawfully or handled improperly may be excluded.

Cross-Examination by the Defense

Cross-examination is one of the most powerful tools in criminal defense. Attorney John Kitchin carefully questions prosecution witnesses to:

• Reveal inconsistencies or contradictions
• Expose bias or unreliable testimony
• Challenge assumptions or conclusions
• Undermine the credibility of evidence

Often, cases are won not by what is said—but by what is revealed under cross-examination.

The Defense’s Case

After the prosecution rests, the defense may present its case. This may involve:

• Calling defense witnesses
• Presenting alternative explanations
• Introducing evidence that contradicts the prosecution’s narrative
• Highlighting investigative failures or missing evidence

In some cases, the defense may choose not to present evidence and instead argue that the prosecution failed to meet its burden.

Your Right Not to Testify

You have an absolute constitutional right to remain silent. The jury cannot hold this against you. Whether testifying helps or harms your case depends on many factors, and your attorney will guide you through that decision.

4. Closing Arguments

Bringing the Case Together

Closing arguments allow both sides to summarize the evidence and argue how the jury should interpret it.

• The prosecution argues for conviction
• The defense responds and highlights reasonable doubt

Attorney John Kitchin uses closing arguments to:

• Reframe evidence presented by the prosecution
• Emphasize inconsistencies and unanswered questions
• Reinforce the legal standard of reasonable doubt

5. Jury Instructions and Deliberation

Before deliberations begin, the judge provides jury instructions. These instructions define:

• Each criminal charge
• The elements required for conviction
• The meaning of reasonable doubt

Jurors must apply these legal standards—not emotion or speculation—when deciding the case.

The jury then deliberates privately until it reaches a unanimous verdict.

6. The Verdict

Once deliberations conclude, the jury returns to the courtroom to announce its decision:

• Not Guilty – You are acquitted, and the case ends
• Guilty – The case proceeds to sentencing
• Hung Jury – No unanimous decision; a mistrial may be declared

A hung jury does not mean guilt. The prosecution must decide whether to retry the case.

7. Sentencing (If Convicted)

If a guilty verdict is returned, the court schedules a sentencing hearing. Sentencing depends on the offense and may include:

• Fines
• Probation
• Community service
• Jail or prison time
• Treatment, counseling, or rehabilitation

Advocacy at Sentencing

Sentencing is not automatic. Attorney John Kitchin can present mitigating factors such as:

• Lack of criminal history
• Employment and family responsibilities
• Evidence of rehabilitation
• Errors in sentencing calculations

Strong advocacy can significantly reduce penalties.

8. Appeals and Post-Conviction Options

If convicted, you may have the right to appeal based on:

• Legal errors during trial
• Improper jury instructions
• Unlawfully admitted evidence

Appeals are complex and time-sensitive. Your attorney can assess whether pursuing an appeal is appropriate and beneficial.

Your Conduct During Trial Matters

Jurors observe everything. You should:

• Dress professionally
• Remain respectful and composed
• Avoid emotional outbursts
• Follow your attorney’s guidance

Your demeanor can influence credibility and perception.

Why Hiring the Right Criminal Defense Attorney Is Critical

Criminal trials involve high stakes. A conviction can impact:

• Your freedom
• Your career
• Your reputation
• Your family and future opportunities

At Kitchin Law Firm, Attorney John Kitchin provides:

• Strategic trial advocacy
• Thorough case preparation
• Aggressive defense against weak or unlawful evidence
• Personalized guidance throughout the process

Speak with Kitchin Law Firm Today

If you are facing criminal charges in Kansas or Missouri, time matters. Early intervention can mean stronger defenses, suppressed evidence, or even dismissal of charges.

Contact Kitchin Law Firm today for a confidential consultation and take the first step toward protecting your rights and your future.